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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116727
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Small claims: My kids were playing with the neighbor kids

Customer Question

small claims:
My kids were playing with the neighbor kids with pebbles on the side walk unsupervised. A car driving down the street pulled up and said that one of the pebbles hit her windshield. My kids admit to playing with pebbles but deny causing the damage. She offered no proof it was my kids and not a pebble on the road that was thrust by a car or the neighbor's kids. The judge accepted her position and ruled against me.
The judgement amount is $1,400 which is windshield replacement.
What would be the best strategy for me on appeal? Can I bring a minor kid as a witness? Can I offer to repair the chip - I see ads for less than $100
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if your children were out there with a group and admitted to playing with the pebbles, then the judge is ruling on circumstantial evidence and it was up to you at the time to present actual evidence to counter that evidence from witnesses to overcome the circumstantial evidence from the car owner.

In order for you to win an appeal you would need to bring in witnesses to say your children were not throwing them and you can bring in minors if you would like as witnesses. You can also offer to settle the matter and that is up to the car owner.

Generally, the cost of this is so small most people work out some settlement though.
Customer: replied 1 year ago.

I'm filing an appeal. Do I need to serve the plaintiff?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Yes you must send notice of the appeal to the plaintiff and you must send copies of everything you file to the plaintiff.

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